CIVIL SERVICE (TRANSFERRED OFFICERS) COMPENSATION (AMENDMENT) ACT, 1947

AN ACT TO AMEND THE CIVIL SERVICE (TRANSFERRED OFFICERS) COMPENSATION ACT, 1929. [26th November, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the bonus Regulations” means the Civil Service (Stabilisation of Bonus) Regulations, 1940 to 1945;

the expression “the Order of 1940” means the Emergency Powers (No. 30) Order, 1940 (S. R. & O., No. 176 of 1940);

the expression “the Principal Act” means the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929);

the expression “the Regulations of 1947” means the Civil Service (Remuneration) Regulations, 1947 (S. R. & O., No. 182 of 1947);

the expression “the Superannuation Acts” means the Superannuation Acts, 1834 to 1947;

the expression “transferred officer” has the same meaning as in the Principal Act.

2 Restriction on operation of section 14 of the Principal Act.

2.—For the purposes of the Principal Act, any change in the conditions of employment of Civil Servants effected by any one or more of the following, namely—

• (a) the operation of the Order of 1940,

• (b) the operation of the bonus Regulations,

• (c) the operation of the Regulations of 1947,

• (d) the increase, during the period which commenced on the 26th day of May, 1941, and ended on the 12th day of October, 1946, of the working hours of Civil Servants, shall not be or ever have been—

• (i) a change whereby the position of a transferred officer was materially altered to his detriment within the meaning of subsection (2) of section 14 of the Principal Act, or

• (ii) a change whereby the position of a transferred officer in a particular grade or situation was materially altered to his detriment within the meaning of subsection (3) of the said section 14.

3 Restrictions on claims for compensation. in respect of awards under the Superannuation Acts.

3.—(1) No claim for compensation under the Principal Act shall lie in respect of any award made, under the Superannuation Acts, to or in respect of a transferred officer the amount whereof was affected by—

• (a) the operation of the bonus Regulations, or

• (b) any adjustment of the award effected pursuant to the Emergency Powers (No. 354) Order, 1945 (S. R. & O., No. 29 of 1945), or the Superannuation Act, 1947.

• (2) No claim for compensation under the Principal Act shall lie in respect of any award made, under the Superannuation Acts, to or in respect of a transferred officer and based on remuneration not less than that provided for and applying under the Regulations of 1947.

• (3) No claim, based on the operation of the Order of 1940, for compensation under the Principal Act shall lie in respect of any award, made under the Superannuation Acts, to or in respect of a transferred officer.

4 Application of this Act to section 14 of the Principal Act.

4.—This Act shall not be construed as effecting, in the conditions of employment of a transferred officer, any such change as is mentioned in section 14 of the Principal Act.

5 Short title and collective citation.

5.—(1) This Act may be cited as the Civil Service (Transferred Officers) Compensation (Amendment) Act, 1947.

• (2) The Civil Service (Transferred Officers) Compensation Acts, 1929 and 1930, and this Act may be cited together as the Civil Service (Transferred Officers) Compensation Acts, 1929 to 1947.